MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            4 May 2000
	DOCKET NUMBER:   AR1999031520

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Steuve		Member	
	Ms. Carol Jo Suiter		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his undesirable discharge be upgraded.

APPLICANT STATES:  The applicant has advanced no argument or basis to support his request to upgrade his discharge.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in Chicago, Illinois on 30 June 1961 for a period of 3 years.

On 4 May 1962, while stationed at Fort Belvoir, Virginia, he was convicted by a special court-martial of being AWOL from 2 April until 21 April 1962.  He was sentenced to confinement at hard labor for 3 months and a reduction to the pay grade of E-1. 

On 16 October 1962 he was convicted by a special court-martial of being AWOL from the overseas replacement detachment at Fort Dix, New Jersey from 30 August until 19 September 1962 and for disobeying a direct order.  He was sentenced to confinement at hard labor for 4 months and a forfeiture of pay.

The applicant underwent a neuropsychiatric examination on 22 January 1963 while in confinement at the post stockade.  The report rendered by the examining psychiatrist indicates that in addition to his two court-martial convictions, he had also received nonjudicial punishment on four occasions.  The psychiatrist opined that the applicant was mentally responsible to both distinguish right from wrong and to adhere to the right and has the mental capacity to understand and participate in board proceedings.  He also opined that the applicant was not amenable to rehabilitation and was not suitable for retention in the service.

On 3 April 1963 he was convicted by a special court-martial at Fort Dix of the theft of another soldier’s property.  He was sentenced to confinement at hard labor for 5 months and a forfeiture of pay.

The facts and circumstances surrounding the applicant’s administrative discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant which indicates that he was discharged under other than honorable conditions on 21 May 1963 under the provisions of Army Regulation 635-208, for unfitness, based on frequent involvement in incidents of a discreditable nature with authorities.  He had served 1 year and 20 days of total active service and had 306 days of lost time due to AWOL and confinement.

There is no indication in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities.  An undesirable discharge was normally considered appropriate.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights.

2.  Accordingly, the type of discharge directed and the reasons therefor were appropriate considering all of the available facts of the case.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__cs____  ___ls ___  ___jps___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031520	
SUFFIX		
RECON		
DATE BOARDED	2000/05/04	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1963/05/21	
DISCHARGE AUTHORITY	AR 635-208/UNFIT	
DISCHARGE REASON	592	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  592	144.5100/A51.00	
2.		
3.		
4.		
5.		
6.